Brett Kimberlin lost all of the LOLsuits he’s filed against the bloggers who wrote truthfully about him. All but one were killed off by motions to dismiss or summary judgment. This extract from a post from nine years ago today explains why he lost the only trial.
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In order to prove a defamation case in Maryland, the plaintiff must prove that what the defendant said or wrote was false. Brett Kimberlin could not do that. After putting his older daughter, Aaron, Ali, Stacy, and me on the stand, he had produced no evidence of falsity. He had no case. With the jury sent out of the courtroom, Judge Johnson incredulously asked him, “Is it your theory that you can come into court and say, ‘I was defamed,’ and rest your case?” Because TDPK had offered no evidence for the jury to consider in its deliberation, the judge ruled that there was no case, and gave a verdict in favor of the Aaron, Stacy, Ali, and me as a matter of law.
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It was that loss at trial that created defendants’ ability to rely on the legal doctrine of res judicata in motions to dismiss Kimberlin’s further LOLsuits.BTW, Res Judicata mugs, shirts, and more are available at The Hogewash Store.